Virginia DOC Settles with Prisoner Over Disabilities Act Violations
Virginia DOC Settles with Prisoner Over Disabilities Act Violations
At the magistrate’s bench of the U.S. District Court, Western District of Virginia, plaintiff Robert Allen Bane, a prisoner with the Virginia Department of Corrections (VDOC), settled his §1983 Civil Rights Act complaint with the VDOC in April 2013. His complaint alleged numerous violations of his rights under the Americans with Disabilities Act and the Rehabilitation Act. Bane, a 25-plus year prisoner with VDOC, all post-dating his disability, was subjected to violations of his rights at Pocahontas State Correctional Center (PSCC) in the form of deliberate indifference to his medical needs. Bane suffered degenerative nerve and joint damage to his legs and had to wear leg braces and walk with a forearm crutch.
At PSCC, staff confiscated his crutch and protective sleeves for his leg braces. He was placed in an unsanitary isolation unit, for lack of better equipped facilities, before being released to general population. He was denied cleaning supplies specific to his needs and when transport was needed, he was carried by guards to the transport vehicle, as he was refused a wheelchair. Bane was forced to use a handicapped shower that other prisoner used as a sink to wash dishes and was also denied equal work opportunities. Bain also claimed that VDOC interfered with his federal disability payments and the related application instruments and was subject to disciplinary action for not being able to display his ID tag in the prescribed manner. Bane sued, seeking $14,000 in damages.
Arbitration occurred in August 2013, and the parties settled upon the following terms:
- Bane was assured housing capable of accommodating his prescribed medical devices; he would be denied no prison program that could accommodate his medical devices, for which he qualifies;
- Laundry detergent was made available for purchase in the prisoner’s commissary and Bane was given permission to hand wash his clothing and hang it in his cell in a manner not obstructing view;
- A wheelchair accessible van was ordered available to transport Bane when needed;
- PSCC was ordered to continue to post and vigorously enforce regulations prohibiting prisoners from washing containers and dumping items in the handicapped shower;
- VDOC was ordered to allow Bane equal work opportunity for all jobs his condition allowed;
- VDOC agreed to refrain from applying state statutes to withhold funds from Bane’s veteran’s disability payments;
- Bane was ordered permission to clip his ID badge on the strap that holds his arm sling, or in a similar reasonable manner; and
- Bane was awarded $550.00 to cover costs, which included the $350.00 filing fee and $200.00 in expenses.
The civil action was dismissed with prejudice and the court retained jurisdiction for 60 days to oversee compliance. See: Bane v. Virginia DOC, U.S.D.C. (W.D. Va.) Case no. 7:12-cv-00159.
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Related legal case
Bane v. Virginia DOC
| Year | 2013 |
|---|---|
| Cite | U.S.D.C. (W.D. Va.) Case no. 7:12-cv-00159 |
| Level | District Court |
| Conclusion | Settlement |
| Attorney Fees | 550.00 |